The Yale basketball captain was expelled on allegations of sexual assault — here's how the university investigated

Former Yale men's basketball captain Jack Montague plans to
sue the university after it expelled him over a sexual
assault allegation, his lawyer said Monday.

That impending lawsuit raises questions about how the university
investigated the allegations that led to the Yale senior's
expulsion.

"We strongly believe that the decision to expel
Jack Montague was wrong, unfairly determined, arbitrary, and
excessive by any rational measure," Max Stern, Montague's
attorney, wrote in a statement obtained by Business
Insider.

The evidence Yale collected during its investigation is currently
unavailable as federal law prohibits the university from sharing
its findings.

But the process by which Yale determined
Montague should be expelled is clearly laid out by the
Yale University-Wide Committee on Sexual
Misconduct (UWC) — the office tasked with investigating
sexual-assault claims.

The UWC is comprised of 30 members, both Yale faculty and
students, who serve one- or two-year terms on the committee.

When a claim of sexual assault is filed with the committee, a
panel of five members is appointed to the particular case.

Once it is determined there's no conflict of
interest in the appointed panel adjudicating the case, the names
of panel members are provided to the complainant (the person who
filed the allegation) and then the respondent (the person
responding to the allegation), who can object to participation of
a specific panel member.

Then the UWC chair — an
appointed tenured faculty member — chooses an "impartial fact
finder" who's charged with collecting information and conducting
interviews to understand the facts of the case.

Within 21 days, the fact finder
must issue a report to the panel which "will describe the relevant facts and
circumstances and may address the credibility of witnesses but
will not reach conclusions as to whether those facts and
circumstances constitute a violation of University
policy."

Next, a hearing takes place where the panel
interviews both the complainant and the respondent. At the
conclusion of the hearing, the panel determines if a party has
violated university policy and recommends a penalty.

The panel provides that information to the final decision maker
in the process. For Yale College students, Dean Jonathan Holloway
is the final decision maker.

Montague's lawyer suggested that Yale caved to pressure from
outside sources to be tougher on sexual assault on campus.

"We cannot help but think it not coincidental
that the decision by Yale officials to seek expulsion of the
captain of its basketball team followed by little more than a
month the report of the Association of American Universities
(AAU) which was highly critical of the incidence of sexual
assault on the Yale campus, and the Yale President’s promise, in
response, to 'redouble our efforts,'" it read.

A spokesmen for Yale University declined to comment on Montague's
specific case, citing confidentiality and privacy for students
involved in disciplinary processes. However, the spokesmen said
university investigations are thorough and fair.

"The allegations are investigated by an impartial fact finder,
heard by five trained members of the Yale community, and decided
by the accused student’s dean," Tom Conroy, the spokesman, told
Business Insider.